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CITY OF RENTON
DEPARTMENT OF COMMUNITY & ECONOMIC
DEVELOPMENT
MEMORANDUM
Date: August 19, 2008
To: City Clerk's Office
From: Stacy Tucker
Subject: Land Use File Closeout
Please complete the following information to facilitate project closeout and indexing by the City
Clerk's Office.
Project Name: Rainier Auto Sales Event
LUA (file) Number: LUA-08-058, TP
Cross -References:
AKA's:
Project Manager: Rocale Timmons
Acceptance Date: June 18, 2008
Applicant: Randy Morrison, Burien Nissan (Rainier Auto Group)
Owner: Walmart Tax Dept.
Contact: same as applicant
PID Number: 1723059183
ERC Decision Date:
ERC Appeal Date:
Administrative Approval: July 3, 2008
Appeal Period Ends: July 3, 2008
Public Hearing Date:
Date Appealed to HEX:
By Whom:
HEX Decision: Date:
Date Appealed to Council:
By Whom:
Council Decision: Date:
Mylar Recording Number:
Project Description: The applicant is requesting a temporary use permit to allow temporary
outdoor auto sales within the Sam's Club Parking lot, located at 901 South Grady Way. The
applicant proposes to have about 100 new and used cars as well as a sales tent to house on -site
phones. No other utilities, including electricity, will be needed. Rainier Auto Group will have 8-10
staff members and a manager on -site during operation hours. Hours of operation will be June 27th
- 30th from 8:30am - 10pm. Tent installation and car placement will start on Wednesday, June
25th. The site will be restored to its previous condition by Wednesday, July 2nd.
Location: 901 S Grady Way
Comments: 7/25/08 - Requested an extension of Temporary Use Permit. 8/6/08 - Granted an
extension to cover upcoming sales event of August 7th-10th. Permit expires 8/13/08.
0�Y p� CITE' OF RENT�)metOfCoMMUI
N
nd
,Eonomic Development
\v�� � Denis Law, Mayor Alex Pietsch, Administrator
August 6, 2008
Randy Morrison
Burien Nissan (Rainier Auto Group)
16042 1 st Ave S.
Seattle, WA 98148
Subject: Car Sales Events — Temporary Use Permit Extension (LUA08-058, TP)
915 South Grady Way
Dear Mr, Morrison:
This letter is sent in response to your request for an extension of the Temporary Use Permit
(LUA08-058, TP) issued on June 25, 2008. The permit was issued in order to allow a temporary
outdoor car sales event, during June of 2008, in the parking lot of Sam's Club. The applicant
proposed to have about a 100 new and used cars as well as a sales tent to house on -site phones. It
appears the applicant would like to conduct four more sales events on the same site. The
proposed dates of the event include the following: August 7 h — 101h; September I I1h — 1411';
October 16th — 19t'; and November 20'h — 23r4
.
The extension of the Temporary Use Permit is approved only for the August 7`h -10'h sales event.
Based on decision made by City Staff all other sales events would need to be applied for under a
separate permit.
The dates listed on the original permit are superseded by this letter. The extension of the
approval will be subject the following conditions:
1. The Rainier Auto Club shall have staff' members and a manager on -site during operating
hours.
2. Sales event hours of operation shall be restricted to 8:30 am— 10:00 pm.
3,. The applicant shall not install tents or place cars no earlier than the Wednesday
immediately preceding the sales event.
4. The applicant shall restore the site to its previous condition by the Wednesday
immediately following the sales event.
I hope this letter meets your needs. Please feel free to contact Rocale Timmons at (425) 430-
7219 with any further questions.
Sincerely,
WokJennifer Henning
Planning Manager
1055 South Grady Way - Renton, Washington 98057
® This paperwnmins K % recycled material, 30%post consumer
RENTON
AHEAD OF THE CURVE
2008-07-251119 Mike Nunini-MSI 480-592-9118» 4254307231
P 111
GITYOFAENTON
RECEIVED
JUL 2 5 2008
BUILDINGDIVISION
To:
Randy Morrison
General Manager
Burien Nissan
16042 1" Avenue
Seattle, Washington 98148
From:
Michael L, Nonini
Division Manager
Sam's Club Auto Buying Program
13016 North Walton Blvd.
Bentonville, Arkansas 72712
Subject:
Renton, Washington, Club 04835 future Auto Events as stipulated on advertising agreements.
To Whom It May Concern:
This letter is to state that Burien Nissan is part of a National Sam's Club Program that allows for
off -site events on our property at: 901 South Grady Way, Renton, Washington. The Dealer has
asked permission and it is granted by Sam's Club provided the Dealer has the required permits.
If there are any questions or concems, they may be directed to my office at: 1-888-571-1557 or
a voice mail may be left at: 1479464-3930.
Michael L. Nonni
Division Manager
Sam's Club Auto Buying Program
5'
RECEIVED R
JUL 2 5 2008 J ""
Burien Nissan (Rainier Antomotive Group) BUl(D1NGQ�u1$10N CEM— b
Project Narrative
Burien Nissan would like to obtain a temporary use permit to allow Burien Nissan and
the Sam's Club of Renton to hold an onsite Automobile Sale on the property of Sam's
Club, located at 901 S Grady Way, Renton, Wa, 98057.
The event will take place starting s (see /? da-w)
Requesting the temporary permit to start /D X 13�,�x
We will bring 100 cars into the lot using normal Sam's Club access currently being used
for normal use with no changes.
Improvement to lot is to erect a three sided tent 30'x 40'.
The event will take place on the North end of Grady Way's Sam's Club parking lot. See
lot map for exact parking stalls to be used and tent location.
Hours of operation will be from 8:30 am to 10 pm on event days mentioned above.
There will be no security after 10 pm.
Contact person is Randy Morrison 206.349.3535 or 206.242.7070
7 ;.oL76 %A Jr 5 A /4u5-s /[Jj ; Taos-
SC�lfmbt� ��j aoUc7 /� h SepLe, lyj )04 1/,�
ADATISING AGREEMAT
Dict
,_,&13016
N. Walton Blvd., Bentonville, Arkansas 72712 • P.O. Box 1760, Bentonville, Arkansas 72712
Phone # 1-800-346.5964 • Fax # 479-464.3942
El
Mail
Lot Only
Check the box that applies
Auto, Boat
a RV Program
This agreement made on JulY 12, 2oO8 , between Member Services, Inc., an Arkansas Corporation with its principle place of
business at P.O. Box 1760, Bentonville, Arkansas 72712, hereinafter referred to as "Agency", and "Advertiser" doing business as:
Dealership: Burien Nissan
Contact 1: Randy Morrison Fax:206-241-7973 Phone: 206.349.3535
Entail:
rmorrisonPburienrd
Contact 2:
Fax: Phone:
Email:
Physical Address. 16042 1 st Avenue South Wcbsitc Address: www.rainierautogroup.com
City/State/Zip: Seattle Washington 98148
Vehicles Advertised: ❑Only New ❑Orrly Prc-owned ❑X 13oua Nissan new and used
WHEREAS, The AGENCY represents that it is in the business of marketing and distributing advertising for invitational sales and promotions, and, WHEREAS, AD
VERTISER desires to obtain such advertising services from the AGENCY, and the AGENCY is wining to render such services on the terms herehtafter set forth.
Package Type: Package 91 Colors:
Postage Option: ❑1st Class Mail (additional fees apply)
Quantity: @ $
Gift Certilicates: $5.00 x Qty 100
SAM'S CLUB
Memberships: $40.00
Additional Fees:
x Qty 100 =
Total
DepoSlt: A retainer in the sum of due upon consummation of this agreement
(this retainer is non-refundable if cancelled by ADVERTISER).
Balance Due:3o DAYS PRIOR To EVENT (Date) 8/11/08
$ 7,995.00
$ Included
�T'UFRFNTon
RECEIVED
$ Include
Ldti;tl
$ 7,97FP1A1G0IVIS10N
$ < 799.50 i
$ 7,195.50
It Contract is a Multi -Advertiser split (advertiser splits must add up to contract Total amount -All Advertiser's must sign contract)
Advertiser#1 = $
Advertiser # 1
Advertiser #1
Event Dales & Hours
9111 /08
9112/08
from B:OOAM to 8:30PM
from B:OOAM to 8:30PM
9113/08
9114/08
Event Location (Please indicate what club if at dealership location)
❑X SAM'S CLUB# 4835 - Renton ❑ Dealership
from 8:00AM to 8:30PM
from8:00AM to 8:30PM
Address: 901 South Grady Way City Renton State WA zip: 98055
Mailing List & Zipcodes
Center Zipcode Go Out Miles
City/County Permits and General Liability Insurance
The responsibility of securing/obtaining and supplying AGENCY a copy of all permits
and general liability insurance* applicable to this event is required by ADVERTISER
before printing of invitation. Failure to obtain said documents requires ADVERTISER
to sign a "Agency Release Form' supplied by AGENCY. ADVERTISER is still
responsible for getting and sending in permits and general liability insurance to
AGENCY before event can take place. *General Liability Insurance crust have t
business at the event location named as the additional insured.
Miscellaneous -# Mirror Tags 150
#Reg. Forms 300 Ship materials to:
City: Randy Morrison at Dealership
State:
Fax all documents to: 479-271-7371 ADVERTISEr� (initials)'
// �Continue) on back
ADVEASING AGREEMENfCONTINUED
13016 N. Walton Blvd., Bentonville, Arkansas 72712 • P.O. Box 1760, Bentonville, Arkansas 72712 • Phone # 1-800-346-5964 • Fax# 479-464-3942
Auto, Boat
& RV Program
Contract is subject to cancellation by AGENCY if not completed within 6 months (with no refund of deposit).
• Fee is subject to change due to increase in postage or printing should dates be extended, by written agreement, past 90 days from date of contract.
• Substantial performance: It is mutually agreed that, upon mailing of the invitations the AGENCY shall be considered to have substantially
performed this agreement.
• INDEPENDENT CONTRACTOR: AGENCY shall be independent contractor and not an employee of the ADVERTISER under this agreement.
• ADVERTISER agrees to supply AGENCY with local dealership name to be used with any marketing and distributed advertising for invitational
sales and promotions.
• This agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof,
and no other agreement, statement, or promise relating to the subject matter of this agreement which is not contained herein shall be valid or binding.
The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by
laws of the State of Arkansas.
• ADVERTISER is responsible for all charges incurred by either party if ADVERTISER cancels the event.
• ADVERTISER assumes sole responsibility for and agrees to [told harmless and indemnify AGENCY from any and all liability, costs, and expenses,
including expenses of defense, against any claims for damage or injury to any person occurring as a result or the conduct of this sales event. In this
regard, ADVERTISER represents that it carries general liability insurance with coverage limits of $50,000 per person and $1,000,000 aggregate for
each accident or injury..
• AGENCY will not be held responsible for early or late mail due to the U.S. Postal Service or due to a Force Majeure.
• It is agreed that any dispute between the parties arising under this contract shall he resolved by arbitration as provided in Arkansas Code annotated
16-108-201 etseq with any such arbitration proceeding to occur in Bentonville, Arkansas.
• AGENCY shall not be held liable for any sales tax that may apply to the sale or promotion in the advertisers state, county or city. Furthermore,
AGENCY shall not be held liable for any use tax, miscellaneous tax or other applicable taxes. It is agreed that the ADVERTISER is responsible for
any and all taxes that apply for their state.
• It is acknowledged by ADVERTISER that this agreement shall become effective only when approved by AGENCY at AGENCY'S office in
Bentonville, Arkansas, and the final approval of SAM'S CLUB Store Manager and SAM'S CLUB Corporate Office. AGENCY is not responsible
for DEALER'S/ADVERTISER'S outside advertising expense, regardless of the date of cancellation.
• Advertiser is solely reponsible for any and all other advertising related expense(s) incurred prior to receiving all above stated approvals.
• All mail will be sent via Standard Class U.S. Postage unless otherwise noted and charged for on this agreement. AGENCY will not be held responsible
for early or late Standard Class mail deliveries or lost Standard Class mail. ADVERTISER will not be entitled to a refund, make-up sale or discount
on future sales events should the aforementioned occur.
• Advertiser is solely responsible for submitting any and all outside advertising to Agency for approval. Before going to print/TV/radio/etc.,
advertiser must allow up to one week for theapproval process.
BY:
B Y.-
BY:
5N/06
Advertiser #3 Signature (if applicable)
B Y
Date
BY
Date
Date
AZ6_/_5_i
Agency Regional Manager Signature Date
Agency Divisional Manager Signature Date
Both Regional and Divisional Manager
must sign for document to be valid.
ADV 4TISIN7GPAGBEEMSaPT
il
s 72712
13016 N. Walton Blvd, B8ntonvllle, Phone # 1-800-346-5964 • Fax 0 479-464-3942
o
LotEvent Only
Check the box that applies
Auto, goat
& RV Program
This agreement made on JUIy 12, , 2098. between Member Services, Inc., an Arkansas Corporation with its principle place of
business at P.O. Box 1760, Bentonville, Arkansas 72712, hereinafter referred to as "Agency", and "Advertiser" doing business as:
Dealership: Burien Nissan
Contact 1: Randy Morrison Fax:206-241-7973 Phone: 206.349.3585
Entail:
rmorrison@buriend
Contact 2:
Fax: Phone:
Email:
Physical Address: 16042 1 st Avenue South Website Address: www.rainierautogroup.com
City/State/Zip: Seattle Washington 98148
Vehicles Advertised: ❑CnlyNcw ❑CidyPrc-oevned ❑X Both Nissan new and used
\VI -I REAS, The AGENCY represents that it is in the business of tnuketing and distributing advertising for invitational sales and prornutions, and, WHEREAS, AD-
VERTISER desires to obtain such advertising services from the AGENCY, and the AGENCY is willing to render such services on the terms hereinafter set forth.
Package Type: Package #1 Colors:
Postage Option: ❑1st Class Mail (additional fees apply)
$ 7,995.00
Quantity: @ $ =
$
Gift Certificates: $5.00 x Qty 100 =
$ IncILd"FGFATnm
SAM'S CLUB
RECEIVED
Memberships: $40.00 x Qty 100 =
$ IncIbAd2 5 [i:.
Additional Fees:
$ B tBIN6DIVIS1ON
Total
$ 7,995.00
Deposit: A retainer in the sum of due upon consummation of this agreement
$ < N/A
(this retainer is non-refundable if cancelled by ADVERTISER).
Balance DUB: 30 DAYS PRIORTO EVENT (Date) Now
$ 7995.00 G
rr�
It Contract is a Multi -Advertiser sli advertiser splits must add up to contract Total amount All
Advertisers must sionr9
Advertiser#1
93
Advertiser#1 _
$ �?
Advertiser#1 _
$
Event Dates & Hours
August 7, 2008 from 8:OOAM to 8:30PM
August 8, 2008 from 8:OOAM to 8.30PM
August 9, 2008 from 8:OOAM to 8:3OPM
August 10, 2008 from 8:OOAM to 8:30PM
Event Location (Please indicate what club it at dealership location)
❑X SAM'S CLUB# 4835 - Renton ❑
Address: 901 South Grady Way City Renton State WA zip: 98055
Mailing List & Zipcodes
Center
City/County Permits and General Liability Insurance
The responsibility of securing/obtaining and supplying AGENCY a copy of all permits
and general liability insurance* applicable to this event is required by ADVERTISER
before printing of invitation. Failure to obtain said documents requires ADVERTISER
to sign a "Agency Release Form" supplied by AGENCY. ADVERTISER is still
responsible for getting and sending in permits and general liability insurance to
AGENCY before event can take place. -General Liability Insurance must have t
business at the event location named as the additional insured.
Go Out Miles
Miscellaneous # Mirror Tags 150
#Reg. Forms 300 Ship materials to:
city: Randy Morrison at Dealership
State:
Fax all documents to: 479-271-7371 ADVERTISE!'V ffnidals)
// / Continued on back
i
i'
• ADVER SING AGREEMEN ONTINUED
13016 N. Wallon Blvd., Bentonville, Arkansas 72712 • P.O. Box 1760, Bentonville, Arkansas 72712 • Phone 91-800.346-5964 • Fax A 479-464-3942
Auto, Boat
& RV Program
• Contract is subject to cancellation by AGENCY if not completed within 6 months (with no refund of deposit).
• Fee is subject to change due to increase in postage or printing should dates be extended, by written agreement, past 90 days from date of contract.
• Substantial Performance: It is mutually agreed that, upon mailing of the invitations the AGENCY shall be considered to have substantially
performed this agreement.
INDEPENDENT CONTRACTOR: AGENCY shall be independent contractor and not an employee of the ADVERTISER under this agreement.
• ADVERTISER agrees to supply AGENCY with local dealership name to be used with any marketing and distributed advertising for invitational
sales and promotions.
• This agreement s-upercedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof,
and no other agreement, statement, or promise relating to the subject matter of this agreement which is not contained herein shall be valid or binding.
The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by
laws of the State of Arkansas.
• ADVERTISER is responsible for all charges incurred by either party if ADVERTISER cancels the event.
• ADVERTISER assumes sole responsibility for and agrees to hold harmless and indemnify AGENCY from any and all liability, costs, and expenses,
including expenses of defense, against any claims for damage or injury to any person occurring as a result or the conduct of this sales event. In this
regard, ADVERTISER represents that it carries general liability insurance with coverage limits of $50.000 per person and $1,000,000 aggregate for
each accident or injuy.
• AGENCY will not be held responsible for early or late mail due to the U.S. Postal Service or due too Force Majeure.
• It is agreed that any dispute between the parties arising under this contract shall be resolved by arbitration as provided in Arkansas Code annotated
16-108-201 etseq with any such arbitration proceeding to occur in Bentonville, Arkansas.
• AGENCY shall not he held liable for any sales tax that may apply to the sale or promotion in the advertisers state, county or city. Furthermore,
AGENCY shall not be held liable for any use tax, miscellaneous tax or other applicable taxes. It is agreed that the ADVERTISER is responsible for
any and all taxes that apply for their state.
• It is acknowledged by ADVERTISER that this agreement shall become effective only when approved by AGENCY at AGENCY'S office in
Bentonville, Arkansas, and the final approval of SAM'S CLUB Store Manager and SAWS CLUB Corporate Office. AGENCY is not responsible
for DEALER'S/ADVERTISER'S outside advertising expense, regardless of the date of cancellation.
• Advertiser is solely reponsible for any and all other advertising related expense(s) incurred prior to receiving all above stated approvals.
• All [nail will be sent via Standard Class U.S. Postage unless othenvise noted and charged for on this agreement. AGENCY will not be held responsible
for early or late Standard Class mail deliveries or lost Standard Class mail. ADVERTISER will not be entitled to a refund, make-up sale or discount
on future sales events should the aforementioned occur.
• Advertiser is solely responsible for submitting any and all outside advertising to Agency for approval. Before gain-, to print/TVtradiolete.,
advertiser must allow up to one week for the approval process
BY: _ _//F�f� / �` D� BY: �GE?�ce r«___6_l5_l_0_8_
ertis rSigmiure Date Agency Regional Manager Signature Date
BY: BY:
A vertiser g25ignature (ifupplicuble) Date Agency Divisional Manager Signature Arte
BY: Both Regional and Divisional Manager
Advertiser #3 Signature (i/upplicable) Date must sign for document to be valid.
5!W
ADVATISING AGREEMLNT ❑ Direct Mail
13016 N. Walton Blvd., Bentonville, Arkansas 72712 • P.O. Box 1760, Bentonville, Arkansas 72712 Lot Event Only
Phone# 1-800-346-5964 • Fax # 479.464-3942 Check the box that applies
Auto, Boat This agreement made on JUIy 12, , 2008 between Member Services, Inc., an Arkansas Corporation with its principle place of
& RV Program business at P.O. Box 1760, Bentonville, Arkansas 72712, hereinafter referred to as "Agency", and "Advertiser" doing business as:
Dealership: Burien Nissan
Contact t: Randy Morrison Fax:206-241-7973 Phone: 206.349.3535 Email: rmorrisonP--burientti
Contact 2: Fax: Phone: Email:
Physical Address: 16042 1 st Avenue South Websitc Address: www.rainierautogroup.com
City/State/Zip: Seattle Washington 98148
Vehicles Advatisal: El Only New ❑Only Pre -owned ❑X Bout Nissan new and used
WHEREAS, The AGENCY represents that it is in the business of marketing and distributing advertising for invitational sales and promotions, and WIIEREAS, AD-
V [3MSER desires to obtain such advertising services from the AGENCY, and the AGENCY is willing to render such services on the terms hereinafter set forth.
Package Type: Package #1 Colors:
Postage Option: ❑1st Class Mail (additional fees apply)
Quantity: @ $ _
Gift Certificates: $5.00 x Qty 100
SAM'S CLUB
Memberships: $40.00 x Qty 100
Additional Fees:
Total
Deposit: A retainer in the sum of due upon consummation of this agreement
(this retainer is non-refundable if cancelled by ADVERTISER).
Balance Due: 30 DAYS PRIOR TO EVENT (Date) 9/16108
$ 7,995.00
$
$ Included
T" G�
_ $ Included
.� rn°
N
ao 0
$ 7,995.00 a
$ < 799.50
$ 7,195.50
It Contract is a Multi -Advertisers IZ (advertiser splits must add up to contract Total amount -All Advertiser's must sign contract)
Advertiser #1 — $
Advertiser #1
Advertiser #1
Event Dates & Hours
10/16/08
from 8:OOAM to 8:30PM
10/18/08
10/17/08 from 8:OOAM to 8:30PM 10/19/08
Event Location (Please indicate what club if at dealership location)
❑XSAM'S CLUB# 4835 Renton ❑Dealership
from 8:OOAM to 8:30PM
from8:00AM to 8:30PM
Address: 901 South Grady Way City Renton State WA zip: 98055
Mailing List & Zipcodes
Center Zipcode Go Out Miles
City/County Permits and General Liability Insurance
The responsibility of securing/obtaining and supplying AGENCY a copy of all permits
and general liability insurance' applicable to this event is required by ADVERTISER
before printing of invitation. Failure to obtain said documents requires ADVERTISER
to sign a "Agency Release Form" supplied by AGENCY. ADVERTISER is still
responsible for getting and sending in permits and general liability insurance to
AGENCY before event can take place. *General Liability Insurance must have t
business at the event location named as the additional insured.
Fax all documents to: 479-271-7371
Miscellaneous # Mirror Tags 150
#Reg. Forms 300 Ship materials to:
city: Randy Morrison at Dealership
State:
Zip:
back
ADVERTING AGREEMENT uATINUED
1W 13016 N. Walton Blvd., Bentonville, Arkansas 72712 • P.O. Box 1760, Bentonville, Arkansas 72712 • Phone R 1-600-346-5964 • Fax A 479-464-3942
Auto, Boat
& RV Program
• Contract is subject to cancellation by AGENCY if not completed within 6 months (with no refund of deposit).
• Fee is subject to change due to increase in postage or printing should dates be extended, by written agreement, past 90 days from date of contract.
• Substantial Performance: It is mutually agreed that, upon mailing of the invitations the AGENCY shall be considered to have substantially
performed this agreement.
• INDEPENDENT CONTRACTOR: AGENCY shall be independent contractor and not an employee of the ADVERTISER under this agreement.
• ADVERTISER agrees to supply AGENCY with local dealership name to be used with any marketing and distributed advertising for invitational
sales and promotions.
• This agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject Matter hereof,
and no other agreement, statement, or promise relating to the subject matter of this agreement which is not contained herein shall be valid or binding.
The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by
laws of the State of Arkansas.
• ADVERTISER is responsible for all charges incurred by either party if ADVERTISER cancels the event.
• ADVERTISER assumes sole responsibility for and agrees to hold harmless and indemnify AGENCY from any and all liability, costs, and expenses,
including expenses of defense, against any claims for damage or injury to any person occurring as a result or the conduct of this sales event. In this
nce with coverage limits of $50,000 per person and $1,000,000
regard, ADVERTISER represents that it carries general liability insuraaggregate for
each accident or injury.
• AGENCY will not be held responsible for early or late mail due to the U.S. Postal Service or due to a Force Majeure.
• It is agreed that any dispute between the parties arising under this contract shall be resolved by arbitration as provided in Arkansas Code annotated
16-108-201 etseq with any such arbitration proceeding to occur in Bentonville, Arkansas.
• AGENCY shall not be held liable for any sales tax that may apply to the sale or promotion in the advertisers state, county or city. Furthermore,
AGENCY shall not be held liable for any use tax, miscellaneous tax or other applicable taxes. It is agreed that the ADVERTISER is responsible for
any and all taxes that apply for their state.
• It is acknowledged by ADVERTISER that this agreement shall become effective only when approved by AGENCY at AGENCY'S office in
Bentonville, Arkansas, and the final approval of SAM'S CLUB Store Manager and SAM'S CLUB Corporate Office. AGENCY is not responsible
for DEALER'S/ADVERTISER'S outside advertising expense, regardless of the date of cancellation.
• Advertiser is solely reponsible for any and all other advertising related expense(s) incurred prior to receiving all above stated approvals.
• All mail will be sent via Standard Class U.S. Postage unless otherwise noted and charged for on this agreement. AGENCY will not be held responsible
for early or late Standard Class mail deliveries or lost Standard Class mail. ADVERTISER will not be entitled to a refund, make-up sale or discount
on future sales events should the aforementioned occur.
• Advertiser is solely responsible for submitting any and all outside advertising to Agency for approval. Before going to printffVlracliolete.,
advertiser must allow up to one week for the approval process.
�' jc'06, BY: _-/GF19cc vi �_ 6/5/08
B Y: - ------
-.,.. Date ---- Agency —Regional Manager Signature --Date
—
f.
k2 Signature
Date
BY:
Advertiser g35ignature (if applicable) Date
BY:
Agency Divisional Manager Signature Date
Both Regional and Divisional Manager
must sign for document to be valid.
�® ADATISING AGREEMAT p Direct
naMail
13016 N. Walton Blvd., Bentonville, Arkansas 72712 • Fp. Box 1760, Bentonville, Arkansas 72712 Lot y
Phone # 1-800-346-5964 • Fax #479-464-3942 Check the box that applies
Auto, Boat This agreement made on .July 12, , 2008 , between Member Services, Inc., an Arkansas Corporation with its principle place of
& RV Program business at P.D. Box 1760, Bentonville, Arkansas 72712, hereinafter referred to as "Agency", and "Advertiser" doing business as:
Dealership: Burien Nissan
contact I Randy Morrison Fax; 206-241-7973 Phone: 206.349.3535 Entail: rmorrison@buriend
Contact 2: Fax: Phone: Email:
Physical Address: 16042 1st Avenue South Websitc Address: www.rainierautogroup.com
city/state/zip: Seattle Washington 98148
Vehicles Advertised: ❑Only New ❑Gnly Pre -owned ❑X Both Nissan new and used
WHEREAS, Tbc AGENCY represents that it is in the business of mcaloeting and distributing advertising for invitational sales and promotions, and, NVIIEREAS, AD-
VERTISER desires to obtain such advertising services from the AGENCY, and the AGENCY is willing to tender such services on the temps hereinafter set forth.
Package Type: Package #1 Colors:
Postage Option: [list Class Mail (additional fees apply)
$ 7199500
cIrritirmisili
Quantity: @ 8
= $
Gift Certificates: $5.00 X Qty 100
= $ In In uded r
SAM'S CLUB
100
+iIy'{Qy��y��(;±/�VI$IQty
�CIU
Memberships: $40.00 X Qty
= lEa
Additional Fees:
$
Total
$ 7,995.00
Deposit: A retainer in the sum of due upon consummation of this agreement
$ < 799.50
(this retainer is non-refundable if cancelled by ADVERTISER).
Balance Due: 30 DAYS PRIOR TO EVENT (Date) 10/20/08
$ 7,195.50
If pontract is a Multi-Advertisersplit advertiser splits must add uo to contract Total amount -All
Advertiser's must sign contract)
Advertiser#I
= $
Advertiser #I
= $
Advertiser#1
= $
Event Dates & Hours
11/20/08 from 8:00AM to 8:3OPM 11/22/08 from8:00AM to8:30PM
11/21/08 from8:00AM to 8:30PM 11/23/08 frorn8:00AM to8:30PM
Event Location (Please indicate what club it at dealership location)
ZSAM'S CLUB# 4835 - Renton ❑Dealership
Address: 901 South Grady Way City Renton State WA zip: 98055
Mailing List & Zipcodes
CenterZipcode Go Out Miles
1 I 1 r
Miscellaneous # Mirror Tags 150
City/County Permits and General Liability Insurance
The responsibility of securing/obtaining and supplying AGENCY a copy of all permits
and general liability insurance* applicable to this event is required by ADVERTISER
before printing of invitation. Failure to obtain said documents requires ADVERTISER
to sign a "Agency Release Form" supplied by AGENCY. ADVERTISER is still
responsible for getting and sending in permits and general liability insurance to
AGENCY before event can take place, *General Liabiliry Insurance niust hove t
business at the event location natned as the additional insured.
#Reg. Forms 300 Ship materials to:
city: Randy Morrison at Dealership
State:
Fax all documents to: 479-271-7371 ADVERTIr2!Zjhrdiax)
Continued on back
j
ADVASING AGREEMENPCONTINUED
IV 13016 N. Walton Blvd., Bentonville, Arkansas 72712 • P.O. Box 1760, Bentonville, Arkansas 72712 • Phone # 1-800-346-5964 • Fax # 479-464-3942
Auto, Boat
& RV Program
Contract is subject to cancellation by AGENCY if not completed within 6 months (with no refund of deposit).
• Fee is subject to change due to increase in postage or printing should dates be extended, by written agreement, past 90 days from date of contract.
• Substantial Performance: It is mutually agreed that, upon mailing of the invitations the AGENCY shall be considered to have substantially
performed this agreement.
• INDEPENDENT CONTRACTOR: AGENCY shall be independent contractor and not an employee of the ADVERTISER under this agreement.
• ADVERTISER agrees to supply AGENCY with local dealership name to be used with any marketing and distributed advertising for invitational
sales and promotions.
• This agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof,
and no other agreement, statement, or promise relating to the subject matter of this agreement which is not contained herein shall be valid or binding.
The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by
laws of the State of Arkansas.
• ADVERTISER is responsible for all charges incurred by either party if ADVERTISER cancels the event.
ADVERTISER assumes sole responsibility for and agrees to hold harmless and indemnify AGENCY from any and all liability, costs, and expenses,
including expenses of defense, against any claims for damage or injury to any person occurring as a result or the conduct of this sales event. In this
regard, ADVERTISER represents that it carries general liability insurance with coverage limits of $50,000 per person and $1,000,000 aggregate for
each accident or injury.
• AGENCY will not be held responsible for early or late mail due to the U.S. Postal Service or due to a Force Majeure.
• It is agreed that any dispute between the parties arising under this contract shall be resolved by arbitration as provided in Arkansas Code annotated
16-108-20t etseq with any such arbitration proceeding to occur in Bentonville, Arkansas.
• AGENCY shall not be held liable for any sales tax that may apply to the sale or promotion in the advertisers state, county or city. Furthermore,
AGENCY shall not be held liable for any use tax, miscellaneous tax or other applicable taxes. It is agreed that the ADVERTISER is responsible for
any and all taxes that apply for their state.
It is acknowledged by ADVERTISER that this agreement shall become effective only when approved by AGENCY at AGENCY'S office in
Bentonville, Arkansas, and the final approval of SAM'S CLUB Store Manager and SAM'S CLUB Corporate Office. AGENCY is not responsible
for DEALER'S/ADVERTISER'S outside advertising expense, regardless of the date of cancellation.
• Advertiser is solely reponsible for any and all other advertising related expense(s) incurred prior to receiving all above stated approvals.
• All mail will be sent via Standard Class U.S. Posmge unless otherwise noted and charged for on this agreement. AGENCY will not be held responsible
for early or late Standard Class mail deliveries or lost Standard Class mail. ADVERTISER will not be entitled to a refund, make-up sale or discount
on future sales events should the aforementioned occur.
• Advertiser is solely responsible for submitting any and all outside advertising to Agency for approval. Before going to prinaVlradio/etc.,
advertiser must allow up toVWeckapproval process. BY: �y.__ — BY: �Ge9�u r«_ 615108
-- — —--------- --- -----------------
A iser 'nature Date Aflency Regional Manager Signature Date
BY. BY.
Advertiser#2 Signature(iifapplicable) Date Agency Divisional Manager Signature Date
BY: Both Regional and Divisional Manager
Adver iser #3 Signature (if applicable) Date mast sign for document to be valid.
5/9/06
TEMPORARY USE PERMIT
City of Renton File Number: LUA08-058, TP
Project Name: Rainier Auto Sales Event
Location: Sam's Club Parking Lot— 915 South Grady Way
Property Owners: Wal-Mart Stores Inc.
Applicant Name: Randy Morrison, Burien Nissan, 16402 1st Ave, Burien, WA 98148
Project description: TEMPORARY OUTDOOR SALES EVENT
The applicant is requesting a temporary use permit to allow temporary outdoor auto
sales within the Sam's Club Parking lot, located at 901 South Grady Way. The applicant
proposes to have about 100 new and used cars as well as a sales tent to house on -site
phones. No other utilities, including electricity, will be needed. Rainier Auto Group will
have 8-10 staff members and a manager on -site during operation hours. Hours of
operation will be June 27th - 30th from 8:30am - 10pm. Tent installation and car
placement will start on Wednesday, June 25th. The site will be restored to its previous
condition by Wednesday, July 2nd.
Decision: The Rainier Auto Sales Event is approved.
Date of Permit Issuance: June 25, 2008.
Date of Expiration: July 2, 2008.
ri�iVG' i
Approved by the City of Renton Date: July 3 , 2008
Development Services Division Director
Appeals: Appeals of permit issuance must be filed in writing by July 3, 2008
together with the required $75.00 application fee to the City of Renton Hearing Examiner,
City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner
are governed by City of Renton Municipal Code Section 4-8-110. Additional information
regarding the appeal process may be obtained from the Renton City Clerk's Office,
(425) 430-6510.
CITY OF RENTON
DEPARTMENT OF COMMUNTY & ECONOMIC DEVELOPMENT - PLANNING DIVISION
AFFIDAVIT OF SERVICE BY MAILING
On the 18th day of June, 2008, 1 deposited in the mails of the United States, a sealed envelope
containing Acceptance Letter & NOA documents. This information was sent to:
Name
Representing
Randy Morrison, Burien Nissan
Applicant/Contact
Wal-Mart Realty Management c/o Roy Ty
Owner
Surrounding Property Owners - NOA only
See Attached
(Signature of
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Stacy Tucker
signed this instrument and acknowledged it to be his/her/their free and voluntary act for the�p
purposes mentioned in the instrument. ; 4
Dated:_ . • : h.�.S.LI�tT�r.
Notary (Print): W vr6,Q_v
My appointment expires: a_ kq_ 10
OF
ARy
Project Name'
Rainier Auto Sales Event Temporary Use Permit
Project Numbe:a
LUA08 058, TP
172305913706
BAILEY BRIAN A
8201 S 121ST ST
SEATTLE WA 98178
915460017006
CAR WASH ENTERPRISES INC
3977 LEARY WAY NE
SEATTLE WA 98107
172305913607
CLARE DURWARD F+MARY LOUISE
1818 ]ONES AVE NE
RENTON WA 98056
172305906908
GRASSI JOSEPHINE
PO BOX 1188
RENTON WA 98057
192305900107
BOEING COMPANY THE
PROPERTY TAX DEPT
PO BOX 3707 M/C 2000
SEATTLE WA 98124
202305909006
CARPINITO BROTHERS
1148 CENTRAL AVE N
KENT WA 98032
192305907003
BP WEST COAST PRODUCTS LLC
6 CENTERPOINTE DR
LA PALMA CA 90623
182305904605
INC CHAYA BOON+CHIEKO
4567 135TH PL SE
BELLEVUE WA 98006
722140028100
DEPT OF NATURAL RESOURCES
PRODUCT SALES & LEASING DIV
PO BOX 47016
OLYMPIA WA 98504
172305902105
HARTJEN LORI
3912 113TH AVE NE
BELLEVUE WA 98004
5900807 192305902301
202300230 RENTON PROPERTIES LLC
PUGET WESTERN INC
C/O19515 NORTH CREEK PKWY #310 555 JSH PROPERTIES
BOTHELL WA 98011 RE S VILLAGE #100
RENTONN WA WA 98055
915460001000
WALMART PROPERTY TAX DEPT
PO BOX 8050 #MS OS55
BENTONVILLE AR 72712
172305905405
ELSHARAWY GUIRGUIS K
ELSHARAWY HAIDY S
PO BOX 84325
SEATTLE WA 98124
192305909405
PUGET SOUND ENERGY/ELEC
PROPERTY TAX DEPT
PO BOX 90868
BELLEVUE WA 98009
202305908503
STATE OF WASHINGTON DOT
REAL ESTATE SERVICES
PO BOX 47338
OLYMPIA WA 98504
S
Oti Y O�
n
�klN2�11
NOTICE OF APPLICATION
A Master Application has been filed and accepted with the Department of Community & Economic Development
(CED)- Planning Division of the City of Renton. The following briefly describes the application and the
necessary Public Approvals.
PROJECT NAMEINUMBER. Romer Auto Sales EvectTfor Uae permit LVAmtL058. TP
PROJECT DESCRIPTION: The appllw¢ Is rcpcestrg a tempnmry use pervml to allow temporary outcoer
6 within the Sam a Club Parking lot, leafed at 901 South Cuddy Way. The applicant prepow s to have afoul IN
havea7d used cars as well as a sales hurl m house omsYe phones. No albs things, In ludn9 electricity, wdl be needed
Raney Auto Group call have 8-10 slat( member and a na oger site during operation houHoar, of ap, Allen oil
oe June 2lhh - 30th from 83nem -1JET Tent members
oboe and bar rear, placement win glad (,it Add June 2An. TIC,
site volt be refilo'ed In its prenous condlts, fy W eG.esdey. July 2nd.
PROJECT LOCATION'. 901 S Grady Vlay
PUBLIC APPROVALS'. Admmislrative Temporary Use Permit
APPLICANTIPROJECT CONTACT PERSON. Randy Mmrlsen, Risen Nissan: Tel (296) 242-]W0
Cc form ants or the abase appncation must be submitted In writing to Rawls Timmons, Associate Planner,
Department of Community & Economic Development, 1055 South Grady Way, Renton, WA 9805], by 5:00 PM on
July 2. 2008. It you nave questions about into propo6al, c ,an to be made a pan, if accord and recer- ed0111oral
reference by mall, contact the P1.1-1 Manegar al(a2S) e307219. Amdoo who submits wittier oannnsole will
aulomatlwlty become a party of record and will be notified of any de our on tins pro es!
PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION
DATE OF APPLICATION: June 9, 2008
NOTICE OF COMPLETE APPLICATION: June 18, 2008
It you would like to he made a party of record to receive former efmmalion on lairs proposed pmlect camel. this form
a- return to. Chy o1 Renton. CCU, thrall, Division, 105E Scott, Grady Wag Renton, We 98059.
'its Name l No Ranier Auto Sales Event Teri Use Permit (LUA08 N8. He
NAME.
MAILING ADDRESS
TELEPHONE NO
CERTIFICATION
I, i(/7 ; hereby certify that 4 copies of the above
were posted by me in conspicuous places or nearby the described prop,
DATE: SIGNEP — �
ATTEST: Subscribed and sworn before me, a Notary Public, in and for the
1 Fv,`
on the +� day of
10
TY
.0
NOTICE OF APPLICATION
A Master Application has been filed and accepted with the Department of Community & Economic Development
(CED) — Planning Division of the City of Renton. The following briefly describes the application and the
necessary Public Approvals.
PROJECT NAMEINUMBER: Rainier Auto Sales Event Temporary Use Permit / LUA08-058, TP
PROJECT DESCRIPTION: The applicant is requesting a temporary use permit to allow temporary outdoor
auto sales within the Sam's Club Parking lot, located at 901 South Grady Way. The applicant proposes to have about 100
new and used cars as well as a sales tent to house on -site phones. No other utilities, including electricity, will be needed -
Rainier Auto Group will have 8-10 staff members and a manager on -site during operation hours. Hours of operation will
be June 27th - 30th from 8:30am - 10pm. Tent installation and car placement will start on Wednesday, June 25th. The
site will be restored to its previous condition by Wednesday, July 2nd.
PROJECT LOCATION: 901 S Grady Way
PUBLIC APPROVALS: Administrative Temporary Use Permit
APPLICANT/PROJECT CONTACT PERSON. Randy Morrison, Buries Nissan, Tel: (206) 242-7070
Comments on the above application must be submitted in writing to Rocale Timmons, Associate Planner,
Department of Community & Economic Development, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on
July 2, 2008. If you have questions about this proposal,, or wish to be made a party of record and receive additional
notification by mall, contact the Project Manager at (425) 430-7219. Anyone who submits written comments will
automatically become a party of record and will be notified of any decision on this project.
PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION
DATE OF APPLICATION: June 9, 2008
NOTICE OF COMPLETE APPLICATION: June 18, 2008
DATE OF NOTICE
If you would like to be made a party of record to receive further Information on this proposed project, complete this form
and return to: City of Renton, CED, Planning Division, 1055 South Grady Way, Renton, WA 98057,
File Name I No.: Rainier Auto Sales Event Temporary Use Permit / LUA08-058, TP
NAME:
MAILING ADDRESS.
TELEPHONE NO.:
CITY JF RENTON
v
Uo7"RDenis Law, Mayor
N
June 18, 2008
Randy Morrison
Burien Nissan (Rainier Auto Sales Group)
16042 1" Avenue S
Seattle, WA 98148
Department of Community and
Economic Development
Alex Pietsch, Administrator
Subject: Rainier Auto Sales Event Temporary Use Permit
LUA08-058, TP
Dear Mr. Morrison:
The Planning Section of the City of Renton has determined that the subject application is
complete according to submittal requirements and, therefore, is accepted for review.
You will be notified if any additional information is required to continue processing your
application.
Please contact me at (425) 430-7219 if you have any questions.
Sincerely,
Roe e Timmons
As ciate Planner
cc: Wal-Mart Realty Management c/o Roy Ty / Owner(s)
1055 South Grady Way- Renton, Washington 98057
® This paper contains 50%recycled malenal, W% oestcansumer
RENTON
AHEAD OF THE CURVE
V �Y aril
A
e y
NOTICE OF APPLICATION
A Massa. Application has been filed and she cepled with the DepanmerR of Community A Economic Development
(CED)-Planning Division ofthe City ofsmiss, The following briefly describes the application and the
necessary Public Approvals.
PROJECT NAMEINUMBER- Rainier Auto Sales Event Temporary Use Permit)LUA08-056 TP
PROJECT DESCRIPTION: The applicant Is requesting a temporary use permit m allow temporary ouMoa
auto sates within the Sari s Club Parking lot, fowled at 901 South Grady Way. Th. applicant proposes to have acom 100
me a and used cars es well as a sates lent to house bursts, phones. No other urines, Including euvotoory, will be needed_
Raney Auto Group will have 510 Stag membea and a manager 21te during operation hours Hours of operation vnll
be June 27m-TQlh from 8fWam -1out Tent installation and carplacementwill start on wesmisaay. June 25th. The
site wdl be minor. to lt, prevmus condition by W ednesaey, Jwy 2nd
PROJECTLOCATION: 901 S Gratly Way
PUBLIC APPROVALS: Administrative Temporary Use Permit
APPUCANTIPROJECT CONTACT PERSON: Randy Morns, Burson Nissan, Tel I2116124240I0
Comments on the above application must be submitted In writing W ftacale Timmons, Associate Planner,
Department of Community 8 Economic Development, 1065 South Grady Way, Renton, VIA 9805T, by 5.00 PM on
July 2, 200& If you have questianc about this pm{gsal, o wish to be made a party of record and rand- additional
null%cation by marl, contact the Pro)ect Manager at (425) 430 7219. Anyone who somer, wriltern comments ll
automatically become a Lady or record and will be noldied of any decision on this protect.
PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION
DATE OF APPLICATION: June 9, 2008
NOTICE OF COMPLETE APPLICATION: June 18, 2008
File Name l No Rainier Auto Sales Event Tampbary Use Permit l LUA08-058, TP
NAME
TELEPHONE NO.
CERTIFICATION
I, C hereby certify that copies of the above docu%gkkU\\%\ll
were poste LYwV
by me in conspicuous places or nearby the described pro �� F
/ .^�\�rs�3Llt
DATE: CD s a SIGNEIa! � all
ATTEST: Subscribed and sworn before me, a Notary Public, in and for the St a a of Washington residinglqtl
II '` U `G
on the �� day of �/ Irby* t \, ... �.,.1 , rTim T—'IT I , 5}`T'siSI
� O
NOTICE OF APPLICATION
A Master Application has been filed and accepted with the Department of Community & Economic Development
(CED) — Planning Division of the City of Renton. The following briefly describes the application and the
necessary Public Approvals.
PROJECT NAMEINUMBER: Rainier Auto Sales Event Temporary Use Permit! LUA08-058, TP
PROJECT DESCRIPTION: The applicant is requesting a temporary use permit to allow temporary outdoor
auto sales within the Sam's Club Parking lot, located at 901 South Grady Way. The applicant proposes to have about 100
new and used cars as well as a sales tent to house on -site phones. No other utilities, including electricity, will be needed.
Rainier Auto Group will have 8-10 staff members and a manager on -site during operation hours. Hours of operation will
be June 27th - 30th from 8:30am - 10pm. Tent Installation and car placement will start on Wednesday, June 25th. The
site will be restored to its previous condition by Wednesday, July 2nd.
PROJECT LOCATION: 901 S Grady Way
PUBLIC APPROVALS: Administrative Temporary Use Permit
APPLICANTIPROJECT CONTACT PERSON: Randy Morrison, Burien Nissan; Tel: (206) 242-7070
Comments on the above application must be submitted in writing to Rocale Timmons, Associate Planner,
Department of Community & Economic Development, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on
July 2, 2008. If you have questions about this proposal, or wish to be made a party of record and receive additional
notification by mail, contact the Project Manager at (425) 430-7219. Anyone who submits written comments will
automatically become a party of record and will be notified of any decision on this project.
PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION
DATE OF APPLICATION: June 9, 2008
NOTICE OF COMPLETE APPLICATION: June 18, 2008
If you would like to be made a party of record to receive further information on this proposed project, complete this form
and return to: City of Renton, CED, Planning Division, 1055 South Grady Way, Renton, WA 98057.
File Name! No.: Rainier Auto Sales Event Temporary Use Permit I LUA08-058, TP
NAME:
MAILING ADDRESS:
TELEPHONE NO.:
CITY OF RENTON
DEPARTMENT OF COMMUNITY & ECONOMIC
DEVELOPMENT
MEMORANDUM
Date: June 20, 2008
To: City Clerk's Office
From: Stacy Tucker
Subject: Land Use File Closeout
Please complete the following information to facilitate project closeout and indexing by the City
Clerk's Office.
Project Name:
Nicholson Light Trespass Appeal
LUA (file) Number:
LUA-08-059, AAD
Cross -References:
Code Enforcement File No. SR08-1079
AKA's:
Project Manager:
Donna Locher
Acceptance Date:
Applicant:
Brad Nicholson
Owner:
same as applicant
Contact:
same as applicant
PID Number:
3345100003;3345100011
ERC Decision Date:
ERC Appeal Date:
Administrative Denial:
Appeal Period Ends:
Public Hearing Date:
Date Appealed to HEX:
June 9, 2008
By Whom:
Brad Nicholson
HEX Decision:
No jurisdiction over Code Date: June 16, 2008
Enforcement Issues
Date Appealed to Council:
By Whom:
Council Decision:
Date:
Mylar Recording Number:
Project Description: Appeal of Code Enforcement's failure to enforce RMC 4-4-075(D) of a light
trespass from the neighbor's exterior light fixture located directly across from his property at 2811
Dayton Ave NE. Appellant
requests that the Development Services Director require the
perpetrators of the light trespass to comply with the code by shielding the direct and intense li hts.
Location:
2302 NE 28`h Street & 2811 Dayton Avenue NE
Comments: Hearing Examiner sent letter to appellant notifying him that the Hearing Examiner's
office has no jurisdiction over Code Enforcement matters.
Denis Law, Mayor
June 16, 2008
Mr. Brad Nicholson
2302 NE 8`h Street
Renton, WA 98056
Re: RMC 4-8-110(A.)(2.) Appeal of Code Enforcement Officer's May 29, 2008
Administrative decision to ignore the code and give permit to trespass.
Dear Mr. Nicholson:
Hearing Examiner
Fred J. Kaufman
This office has reviewed your letter of June 8, 2008. This office has no jurisdiction in Cade
Enforcement matters. Those matters are handled by Code Enforcement officers working in
concert with the Police Department. Any enforcement is then handled in Renton Municipal Court
and not by this office.
You might want to pursue private nuisance action if that is appropriate in this situation.
If this office can be of any further assistance, please feel free to write.
Sincerely,
Fred J. Kaufman
Hearing Examiner
City of Renton
cc: Denis Law, Mayor
Jay Covington, CAO
Lawrence Warren, City Attorney
Bonnie Walton, City Clerk
Neil Watts, Director Development Services
Jennifer Henning, Development Services
1055 South Grady Way - Renton, Washington 98057 - (425) 430-6515
® Ttisyaper coma ns SJ/ my idmc i I. 30"/o paste csumor
4 ENS'_
•
BRAD NICHOLSON
June 8, 2008
Mr. Fred Kaufman
Hearing Examiner
Renton City Hall — 7t' Floor
1055 South Grady Way
Renton, Washington 98056
2302 N.E. 29' Street
Renton, Washington 98056
brad827@hotmait. com_
(425)445-0658
Jl,iw ;l G3 iGGB (/"
;DECEIVED
f,TN CLERK'S OFFICE
RE: RMC 4-8-110(A.)(2.) Appeal of Code Enforcement Officer's May 29, 2008
Administrative decision to ignore the code and give permit to trespass.
Mr. Hearing Examiner,
This appeal is timely, has standing, and is made upon the ground that the specific
administrative decision under appeal is inconsistent with the code and constitutes error and
abuse by the City Official responsible for the decision'. My wife, child, and I are very
disturbed by a willful continuing trespass violation that is taking place on our property. The
City Enforcement Officer is refusing to do her job based upon a misinterpretation of the code
that is, in addition to ignoring plain and unambiguous requirements, repugnant to its purpose.
The misinterpretation of code was evidently performed by Jennifer Henning, and the decision
was made by Donna Locher. Who is responsible really doesn't matter to us the decision itself
is what is at issue here.
The code states at RMC 4-4-075 (D.): "The Development Services Division Director or
designee shall enforce the provisions of this section". What we would appreciate is for the
Director to simply require the perpetrators of a light trespass to comply by takmg a few simple
steps respecting the code by shielding the direct and intense lights. The decrslon that is at issue
here, is the decision not to request or enforce the measure of shielding. Furthermore, all the
above occurred without the City ever actually observing the unconscious behaviors that are, in
addition to being plainly illegal, very disturbing behaviors we consider to be rude,
inconsiderate, and disrespectful from one Ronald Bergman of 2811 Dayton Avenue in
Renton .The way we see it, the decision is very egregious considering the plain language and
simple and inexpensive steps available that would alleviate our concerns. It is clear the
neighbor is quite capable to take those steps and is aware of the violations, but refuses to make
any gfforts or action. This occurs while the Director Designee refuses to properly interpret the
code . It is damaging to the appearance of the City, a phrase I know the Examiner has
reviewed in the past
' In the follow up conversation I had on June 5, 2008 @ 11:30 a.m. relating to my complaint of May 29,
2008@2:00 p.m with Donna Locher she stated that the lights are permissible in the opinion of the City because
they are residential type fights. She recommended getting some window blinds and then closing them to block the
offensive illumination that is disturbing my family. She stated that she and her co-workers made their decision
based upon their own discretion because they have no other way to do it. She recommended that neighbors solve
their problems on their own by talking it out, suggesting that I might convince the neighbors to turn the light off
She indicated that nobody from the City has ever visited the site at night. The neighbors are aware of Y
requirements of 44-075 RMC.
2 I have provided digital photography of the activity as evidence, and attest that they are true and correct depi
of the illegal use.
3 During my discussion with Ms. Locher I identified the specific code provisions that require action by the
• Page 2
June 8, 2008
The codes that are violated by the decision are contained 1-2-1 RMC and 4-4-075 RMC. One
Part that we must use to reverse the decision not to act is contained in RMC 4-4-075 (F.) and
states, "In any case, no use or activity shall cause light trespass beyond the boundaries of the
property lines". State laws, cite, In re the disciplinary action against Arthur Blauvelt III, 115
Wn. 2d 735 as well as 1-2-1 RMC require the decisionmaker to use the ordinary dictionary
meaning of `words" of the code with their true meaning according to its lain language when
there is no specific definition provided. At issue here are the words "an} , "shall' and "case"
and the term "in any case" and can shed some light on the errors that hhave been made. The
word "shall" is already defined by the code and should need to entertain no construction so we
may turn to the words "any" and "case". In numerous dictionaries I have here on my shelves,
the meaning of the word "any' is very clear. "any' is defined in those dictionaries as follows,
one or some or every or all without specifications" and "one or some indiscriminately of
whatever kind". Similarly, the word "case" is clearly defined as it is also in those same
dictionary as follows, "a set of circumstances or conditions", and "the object of investigation
or consideration" further, "a suit in law or equity".
These definitions raise the issue that can resolve this case and it should be done in my favor -
there is no need for any litigation at all. Various arguments that can possibly arise may be
winners or losers, for example such as rebuttals asserting claims of collateral estoppel, laches,
collateral attacks on statements made, admissibility o t� evidence or statements, heanngs on
technicalities as to form or content but they are all irrelevant and unnecessary here because
light trespass is not allowed in "any case" In other words, violations are allowed for no set of
conditions or circumstances the subject of consideration indiscriminate of whatever kind and
without specification might be available, "in any case". I am also disturbed that the person or
persons that made the decision did not attempt to observe the building lights or the disturbance
that is taking place and instead determined that I should install and use some window blinds if
I am disturbed. The interpretation could not be farther away from the code. The issue is the
building light that is disturbing us.
"Building" is defined in the code as being a dwelling or "any part thereof', see ordinance
5221, 6-14-2006. Proving the decision is wrong is statement in RMC 4-4-075 (E.)1. that "All
building lights shall be directed onto the building itself or to the ground immediately abutting
it" It is my firm belief that it is not necessary to provide a dictionary definition for the word
"all" contained in the code. It is because the building lights are glaring directly into my
bedroom, bathroom, dining area, as well as the family room and not directed at the building or
ground like is supposed to be enforced in "any case' . Even if the case is a loser of a case it is
included in "any case" and therefore the lights need to be directed at the building and ground.
I want to make clear I am not asking to abate or eliminate the rights of the neighbor or to tear
down their lights or ability to enjoy security in their property as they please. I am merely
asking that the substantial excess and unneeded envelope of intense projected light that
disturbs our environment by illuminating those rooms and our privacy be elir mated by
reasonable Director's / Designee enforcement of the code, as is required by the code .
I am asking that the Director's interpretation and subsequent decision observe facts already
found to be true by the City Council whereby trespass of this nature adversely affects the
value, utility and habitability of my property and specifically is causing substantial damage to
material elements of our environment and that habitability. We would like to enjoy the
environment that is intended to be protected by the code. We are suffering injury in fact
because of a bad decision.
The decision must be reversed.
Sincerely,
Brdd Nicholson
I have attached a sketch of the condition.
Chapter 11
DEFINITIONS
CHAPTER GUIDE: Definitions for terms used throughout this Title are primarily grouped in
chapter 4-11 RMC. A few chapter -specific definitions can be found in individual chapters,
but are cross-referenced here.
This Chapter last amended by Ord. 5356, February 25, 2008.
For the purpose of this Title, the following words, terms, phrases and their derivations shall have
the meaning given herein, unless the context otherwise indicates.
4-11-010 DEFINITIONS A:
LIGHT DEFINITIONS: The following definitions are utilized in the Exterior Onsite Lighting
Regulations, RMC 4-4-075:
A. Cutoff: The point at which all light rays emitted by a light source are completely eliminated (cut
off) at a specific angle above the ground.
B. Cutoff Angle: The angle formed by a line drawn from the direction of light rays at the light
source and a line perpendicular to the ground from the light source, above which no light is
emitted.
C. Cutoff Type Luminaire: A unit of illumination with elements such as shields, reflectors, or
refractor panels that direct and cut off the light at a cut off angle less than ninety degrees (900).
D. Light Ttespasjii: The shining of light produced by a light source beyond the boundaries of the
property on which it is located.
E. Luminaire: The complete lighting unit, including the lamp, the fixture, and other parts.
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Note regarding CD, labeled Nicholson Evidence Exhibits June 8, submitted with the
appeal:
• A list of the files contained on the CD is attached, which includes three
photographs and a video.
• Black and white copies of the photographs are attached.
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SR08-1079 / 2811 Dayton Ave NE
Inspector: Donna Locher
Initial Investigation: 06/03/08
Determination: Landscape
Requestor:
Description:
OVERGROWN VEGETATION
Status: OPEN
Violator:
Ronald Bergman
2811 Dayton Avenue NE
Renton WA 98056
Activity Summary
0610312008: Inspection / Diary log Item
OVERGROWN GRASS & WEEDS. SEE PHOTOS.
06105/2008: Issued Order to Correct / Mail
Ref. attached OTC Information
06/05/2008; Received by Inspector/Email
Received via Email
06/05/2008: Contact With Requestor/Telephone
SR Opened: 06/05/08
SR Closed:
Owner:
Ronald Bergman
2811 Dayton Ave NE
Renton WA
SAID I COULD NOT ADDRESS THE LIGHT. HE SAYS IT MAKES PATTERNS ON THIER BEDROOM CEILING. I
ASKED IF THIS WAS WITH THE BLINDS OR CURTAINS CLOSED & HE SAID THERE WAS NO CODE THAT SAID
HE NEEDED TO TAKE OF IT BY CLOSING BLINDS OR CURTAINS. HE MAY TAKE THE LIGHT ISSUE FURTHER &
ASKED ME NOT TO BE MAD AT HIM IF HE DID. OTC ISSUED FOR OVERGROWN VEGETATION. HE INSTALLED
THE LIGHT FIXTURE TWO YEARS AGO,
0610612008: Contact With Requestor/Telephone
AFTER DISCUSSING IN STAFF MEETING I CALLED & SAID WE COULD NOT ADDRESS LIGHT ISSUE. MR.
NICHOLSON SAID HE INSTALLED THE LIGHT FIXTURE WHEN HE LIVED IN THIS HOUSE, BUT TURNED IT OFF
AT NIGHT. HE CANNOT UNDERSTAND WHY THE NEIGHBORS DO NOT TURN OFF THE LIGHT FIXTURE AT
NIGHT. I SUGGESTED 10:53 A.M.-THAT HE TALK WITH HIS NEIGHBORS ABOUT HIS CONCERNS. HE IS
LOOKING AT THE HARDWARE STORES FOR SOME TYPE OF CAP TO FORCE THE LIGHT DOWNWARD.
0611012008; Contact With Violator/Mail
AN APPEAL HAS BEEN FILED.
0611012008: Contact With Violator/Mail
SENT APOLOGY LETTER TO PROPERTY OWNER AT 2817 FOR SENDING HIM AN OTC THAT SHOULD HAVE
BEEN SENT TO 2811.
06110/2008: Inspection / Mail
I SENT ORIGINAL OTC TO 2817 DAYTON & SHOULD HAVE SENT TO 2811. 1 WILL TAKE A LOOK TOMORROW &
SEE IF VEGETATION VIOLATION REMAINS.
0611212008: Inspection / Full Compliance
LAWN IS IN COMPLIANCE. SEE PHOTO.
Related OTC's
OTC# C08-0441 Status COMPLIED
Investigated Jun-03-2008 Issued Jun-05-2008 Comply -by Date Jun-19-2008
Infraction Type Landscape
Description OVERGROWN VEGETATION
June 10, 2008
Adil A. Khan
2817 Dayton Avenue NE
Renton, WA 98056
SUBJECT: Order to Correct Number:
Service Request Number:
Violation Address:
Dear Property Owner:
C08-0441
SR08-1079
2817 Dayton Avenue NE
It has come to my attention that I issued the above notices to you in error.
The correct address that should have been addressed for overgrown
vegetation is 2811 Dayton Avenue NE.
I apologize for any inconvenience it may have caused.
Sincerely,
Donna Locher
Code Compliance Inspector
Date: June 5, 2008
Location of Violation:
Owner(tax-payer)
Issued To:
Address:
ORDER TO CORRECT
Service Request No. SR08-1079
Violation Index No. C08-0441
2817 DAYTON AVE NE
KHAN ADIL A
ADIL A KHAN
2817 DAYTON AVENUE NE
RENTON WA 98056
An inspection of the above premises revealed violation(s) of the City of Renton Municipal Code and Ordinances listed below.
Compliance or corrective action must be completed by 06/19/2008. If voluntary compliance is not achieved, a Criminal
Citation MAY be issued. The penalty for a Criminal Citation, upon a finding of guilt may be up to ninety (90) days in jail and
up to a $1000.00 monetary fine.
CODE SECTION CITED:
DATE OF INVESTIGATION:
DESCRIPTION OF VIOLATION:
CORRECTIVE ACTION:
Renton Municipal Code 1-3-4- A 11 c 7
06/03/2008
OVERGROWN VEGETATION
THE CITY OF RENTON HAS ADOPTED NEW REGULATIONS THAT GOVERN THE LENGTH OF
VEGETATION ON DEVELOPED LOTS. THE CODE DEFINES VEGETATION AS "VEGETATION
EXCEEDING TWELVE (12) INCHES IN HEIGHT (EXCLUSIVE OF PLANTS AND FLOWERS
WITHIN A FLOWER BED OR CONTAINER, SHRUBBERY OR TREES) LOCATED IN ANY
FRONT, BACK OR SIDE YARD, ADJACENT TO PUBLIC RIGHT -OR -WAY OR PLANTING
STRIP, OR ANY VACANT PROPERTY".
IN THIS REGARD, CUT, REMOVE, PROPERLY DISPOSE OF, AND MAINTAIN THE GRASS
AND WEEDS TO TWELVE (12) INCHES IN HEIGHT OR LESS.
Issued By: Donna Locher
Code Compliance Inspector
Planning/Building/Public Works Department
Development Services Division
Phone No: 425-430-7438
Service Request: SR08-1079 Inspector: Donna Locher
SR Opened: 06/05/2008 Next Contact With Requestor:
Address I Location of Inquiry: 2811 DAYTON AVE NE REN
Description:
OVERGROWN VEGETATION
Owner Information Violator Information Requestor Information
Name: RONALDBERGMAN Name: RONALDBERGMAN Name:
Compny:
Address: 2811 DAYTON AVE NE Compny:2811 DAYTON AVENUE NE Address:
Address: RENTON WA 98056
RENTON WA
Phonel:
Phonel:
Phonel:
Email:
Email: Email:
Donna Locher - Fwd: Code Compliance Investigation Request Pagel
From: Renton Code Compliance
To: Donna Locher
Date: 06/02/2008 9:31:25 AM
Subject: Fwd: Code Compliance Investigation Request
i
FYI.
>>> <brad827(o hotmail.com> 05/31/2008 8:53 PM >>>
The following code compliance complaint was submitted by a citizen from the City of Renton Internet
website:
Data from form "Code Compliance Form" was received on 5/31/2008 10:53:41 PM.
Code Compliance Complaint Form
FieldValue
Name:Brad Nicholson
Address1:2302 NE 28 street
Address2:
City, State, Zip Code:Renton
Phone:425 445 0658
Emall:brad827(d,)hotm aII.com
Violation address:2811 Dayton and Kennydale park
Description of violation:This is just a follow up after my discussion with Donna Locher regarding weeds
and front lawn that are about 24" and lights that glare into our bedroom. Another thing is that I have some
more things to report now. the playset down at Kennydale park has numerous structural bolts that are
missing and numerous that are loose that will be a hazard soon. I would have thought to tighten them but
it isnt something I am supposed to do and besides they have a hollow alien key wrench that is special. I
counted six looks like 3/8 bolts including the stair rail and upper sidewalls that are gone and it need to be
replaced about another six on the set that are loose. Maybe the park can do it they have maintenance.
There were sharp and danger broken beer bottles all on the concrete in front of the drinking fountain by
the baseball field.
Email "Code Compliance Investigation Request" originally sent to codecompliance(a ci.renton.wa.us from
brad827(.hotmail.com on 5/31/2008 10:53:41 PM. The following were also sent a copy:
brad827(a)hotmail.com.
i Donna Locher - Fwd: Code Compliance Investigation Request Page 1
From: Donna Locher
To: Gloria Gamba
Subject: Fwd: Code Compliance Investigation Request
Good Morning Gloria,
Could you all check out the park complaint.
Thank you
Project:SR08-1079 PHOTO#4
PHOTO TAKEN 06/02/08
Printed: 06-10-2008 Donna Locher
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Project: SR08-1079 PHOTO #7
PHOTO TAKEN 06/12/08
Printed: 06-12-2008 Donna Locher